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About sumitsingh83

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  1. I hope someone can confirm this : 1) Agree with Satya, same rules apply to H4 as H1 2) 240-day rule is the limit up to which H1 applicant can work post I94 expiry while the h1b extension is in progress and USCIS has not adjudicated the case. If USCIS takes more than 240 days post I94 expiry, you can not continue to work for the employer, but can still stay legally in the US, until USCIS adjudicates your case. This is my understanding and I would appreciate if senior members could confirm this.
  2. sumitsingh83

    H1B Extension Denied

    i am partly guessing, but could you get that info using FOIA from USCIS?
  3. Ask your company attorney to Send a request to USCIS, asking them to reach out to DOL for duplicate PERM. Same thing happened with me in April 2018, my original PERM got lost in mail. While sending I140 form, we requested USCIS to get duplicate PERM from DOL. uscis returned the premium processing cheque and told us try sending the check again after 30 days wait, hoping that DOL would have sent the duplicate PERM by then. When we sent the cheque in June, USCIS, sent i back again. Again after 30 days wait, we sent the premium cheque and by then USCIS did receive the duplicate copy of PERM from DOL and they changes my I140 to premium and it was approved in 5 days. Essentially DOL took around 60 days to send the duplicate PERM to USCIS for premium processing of I140 Hope this help.
  4. Thank you for the quick response. I am aware of the high likelihood of RFE in my case. We are trying to get an evaluation done based on computer-related courses that I had taken in engineering and MBA and use the work ex for the rest. This is an extension with the existing employer ( been working with them for past 3 years now), and their attorney is saying that i can probably use only 5.5 years of work ex with past employer and not use 3 years of work ex with current employer for credential evaluation. That is what my main question is, if i can use entire 8.5 years for credential evaluation or just 5.5 with past employer?
  5. My H1B extension is being applied and I have a bachelor's degree in Marine Engineering and an MBA in operations. I also have 8.5 years of IT experience. out of those, 5.5 years were with my previous organization and 3 years with my current organization which is applying for H1B extension. We plan to do an education evaluation based on experience and coursework, and I want to know whether I can show all 8,5 years for the education evaluation, or is it that only the work experience from the previous employer (5.5 years) can be used for this evaluation?
  6. sumitsingh83

    PERM Approved SEP 2015 but Lost in mail

    How long did it take DOL to send the duplicate PERM to USCIS ? I am stuck in the same situation. DOL sent the duplicate PERM to USCIS in 5 weeks in my case and i got my I140 in premium after that. Hope this helps.
  7. I have completed 6 years physically in the USA, with no time left to recapture. My current H1B extension got denied. I have to leave the country, but once I leave can my current employer (or another employer) file another cap-exempt (to avoid lottery) H1B extension based on approved I140 while I am outside of USA? I think the answer to my above question is yes. But I believe I read somewhere that if there is no time left to recapture on current H1B, and applying post-H1B denial for another extension, it might be considered under the cap and would be up for the lottery. Not sure how true it is, I was under the impression that once you have an approved I-140, you are never subjected to cap and have unlimited extensions/chances available until the PD becomes current. Any inputs on this would be highly appreciated.
  8. sumitsingh83

    PERM Approved SEP 2015 but Lost in mail

    How long did it take DOL to send the duplicate PERM to USCIS ? I am stuck in the same situation.
  9. sumitsingh83

    Prevailing wages paid at I-485 approval?

    You are right, Priority dates can become current any time. But that would not force the employee to file for I-485. I can choose not to. I know you might think that it does not make sense, but given that its my 5th year of H1B, my options are either to stick to the employer and go ahead with this filing or if i change employers, i would not have enough time left and would have to leave US and go back to my country. I would prefer to file for PERM now and then deal with I-485 situation as and when it arrives. Your inputs/thoughts on this would be appreciated.
  10. sumitsingh83

    Prevailing wages paid at I-485 approval?

    Thanks for your detailed response and my bad for not being able to respond earlier. The employer has the ability to pay the prevailing wages, but still paying me lower because every one in the organization is making the same or lower. At my level in the organization i am getting the maximum in my salary bracket. One reason why every one might be getting paid lower in my organization in because we are located 40 miles away from a major IT hub, where salaries are much higher, and DOL clubs our county and the other county as one area and has common salaries for both. Although where we are located, our salaries are actually at par or higher than average. In this attempt my employer did submit the private survey to DOL to demonstrate that, but DOL rejected it.
  11. sumitsingh83

    Prevailing wages paid at I-485 approval?

    Experts/Attorneys - any inputs would be highly appreciated
  12. sumitsingh83

    Paid below the PERM prevailing wage

    Is the prevailing wage once established during PERM/I-140 process remains constant or does it change every year till I-485?
  13. sumitsingh83

    My Salary is lesser than PWD

    Is the prevailing wage once established during PERM/I-140 process remains constant or does it change every year till I-485?